Her imputed income

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Her imputed income

Unread postby o20o20o » Tue Feb 07, 2017 1:58 pm

My wife has always worked, full time before kids, part time during kids (her choice). However, she has never made much money because her chosen career is on the low end of the earning scale. Last year was her highest earning year ever at 60k, but she is usually in the 35-50k range. I earn 4-5x what she does depending on the year, but I live in IL which apparently takes the spouse's income into account for various calculations.

My wife could work full time, she chooses to work part time (kids are in school now). My wife has a masters degree and could make more money, but decided to start her own company and do fun work instead of more economically productive work. Will her income be imputed at a higher rate, or it is what it is?
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Re: Her imputed income

Unread postby Fatheroffour » Tue Feb 07, 2017 2:11 pm

Imputing income is typically based on one's earning history.

You could probably earn more too if you tried.
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Re: Her imputed income

Unread postby lionel2013 » Tue Feb 07, 2017 2:18 pm

o20o20o wrote:My wife has always worked, full time before kids, part time during kids (her choice). However, she has never made much money because her chosen career is on the low end of the earning scale. Last year was her highest earning year ever at 60k, but she is usually in the 35-50k range. I earn 4-5x what she does depending on the year, but I live in IL which apparently takes the spouse's income into account for various calculations.

My wife could work full time, she chooses to work part time (kids are in school now). My wife has a masters degree and could make more money, but decided to start her own company and do fun work instead of more economically productive work. Will her income be imputed at a higher rate, or it is what it is?


No, don't get your hopes up, not in this state. Your wife's income will be imputed, at most, based on her employment history, not based on her education or potential.

I sure hope your experience will be different. But in my case, during the pre-trial, the judge said that, "if pressed", at trial, he would impute my then STBX $12k/yr at most, even though she had worked for 10 years as a teacher and her last annual base was something like $42k (back in 2007, in TX -- not here in IL). That is because she had refused to work between 2007 and 2013 when she filed, so at that time i was making a shitload and she was making zero, of her own volition. Didn't matter one bit that I did not agree to that, that i had not asked her to stay home.

Get used to the idea that in this state the family courts are very, very heavily biased towards the women.

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Re: Her imputed income

Unread postby BrilliantBastard » Wed Feb 08, 2017 3:43 pm

You don't much of a argument, if when you were married it was OK for her to under-earn but now it is an issue.

Your current spouse isn't going to get imputed income on your side either.
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Re: Her imputed income

Unread postby lionel2013 » Thu Feb 09, 2017 12:10 pm

BrilliantBastard wrote:You don't much of a argument, if when you were married it was OK for her to under-earn but now it is an issue.

Your current spouse isn't going to get imputed income on your side either.


The problem is he can't prove it was "not OK" for her to under-earn, just like I couldn't prove it was not OK for my wife to refuse to work for six years. And even if we could prove it it wouldn't matter one bit to the court, it is a non-issue as far as they are concerned.
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Re: Her imputed income

Unread postby DivorcedDadInVa » Wed Feb 22, 2017 4:32 pm

lionel2013 wrote:
BrilliantBastard wrote:You don't much of a argument, if when you were married it was OK for her to under-earn but now it is an issue.

Your current spouse isn't going to get imputed income on your side either.


The problem is he can't prove it was "not OK" for her to under-earn, just like I couldn't prove it was not OK for my wife to refuse to work for six years. And even if we could prove it it wouldn't matter one bit to the court, it is a non-issue as far as they are concerned.


Exactly. My NJ stated first that I was "OK" with her not working, then changed her mind and said that I made it impossible for her to work and I held her back. Neither is true ... but I guess when I became "OK" with it, I had simply given up. Surrendering is not the same as agreeing.

During the divorce, people (lawyers, therapists, custody evaluator, CP coordinators, etc) asked me why I "allowed" her to not work or why I didn't "do something" ... I was like, "Do what? Divorce her? Then we'd be hearing 'He left her only because she wanted to take care of the kids' or some BS like that."

They also asked me why I "allowed" her to spend so much. Again ... "allowed" ... had I taken her CC away, we'd have been on Dr. Phil or some BS for "Men who try and starve their wives" ...
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Re: Her imputed income

Unread postby Fatheroffour » Wed Feb 22, 2017 7:59 pm

Gotta set boundaries. If it appears that you don't, people wonder why.
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Re: Her imputed income

Unread postby lionel2013 » Thu Feb 23, 2017 11:57 am

Fatheroffour wrote:Gotta set boundaries. If it appears that you don't, people wonder why.


How do you set boundaries with people -- not just any people, your spouse, your supposed partner -- who do not cooperate? Over the course of the last few years of my marriage there have been numerous times when I took my X' credit card away because of over-spending. She then would promise restraint, I would give it back to her, and then the cycle would resume. It never ended. Well, it ended with the divorce.

I've seen this advice on this board numerous times, "make her get a job". I am yet to understand how exactly is one supposed to do that. I tried for years and I was not successful.
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Re: Her imputed income

Unread postby Fatheroffour » Thu Feb 23, 2017 12:01 pm

Here is where your attempts broke down.

I would give it back to her,

"Do it again and you will never share credit with me again"

That's a boundary. One you didn't set.
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Re: Her imputed income

Unread postby lionel2013 » Thu Feb 23, 2017 1:45 pm

Fatheroffour wrote:Here is where your attempts broke down.

I would give it back to her,

"Do it again and you will never share credit with me again"

That's a boundary. One you didn't set.


You are correct, I hate to admit it (because it should have been my logical response to her). The problem always was I felt my withholding the CC from her was ... demeaning (? for lack of a better word), so eventually I would give in. In other words yes, I was a wuss.
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